Hayes v. Durham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Miles Hayes, from a judgment of the Supreme Court in his favor for six cents damages and costs, entered in the office of the clerk of the county of Albany on the 14th day of January, 1920, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
John M. Kellogg, P. J.:
November 11, 1918, .the defendant bought, and the plaintiff agreed to sell, 60,000 pounds of pure buckwheat flour at six dollars and fifty cents per 100 f. o. b. Altamont, N. Y., bulk basis, for shipment last week in November, sooner if possible.
November twenty-second the defendant refused to take the flour and expressed a willingness to pay cancellation price, and on November thirtieth the plaintiff notified the defendant that unless he took the flour pursuant to the contract he would sell the same in the open market and expect him to pay any loss resulting therefrom.…
2Cited by5 opinions
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- Hubbard v. Rockaway Lunch Co.New York Supreme Court · 1927
- Sayer v. WilstropAppellate Division of the Supreme Court of the State of New York · 1922